Medical Malpractice in Massachusetts: have you been a victim?

Medical malpractice occurs when a doctor harms their patient by failing to fully complete their duties. In order to make a case for medical malpractice, you must be able to identify certain elements of your doctor’s care including, a doctor-patient relationship existed, the doctor was negligent in their care, this negligence resulted in your injury or illness, and you have suffered damages because of this injury. These are the basic requirements to prove medical malpractice across the country. However, each state has the ability to determine their own stipulations about malpractice.

In order to prove medical malpractice, in Massachusetts, you must be able to indicate that your doctor or other health care provider violated the standard of care. This is the generally accepted practices or procedures that are used to treat a specific kind of illness or injury. You will need to provide evidence from medical experts to indicate the standard of care expected for your specific case and where your physician deviated from this care. Additionally, in order to ensure that you are able to make your case of medical malpractice, you must also be aware of the Massachusetts statute of limitations, which determines the time period in which your claim is valid. In the state of Massachusetts, you must file your claim within three years of when you learned about your injuries. Additionally, you may not file a claim for injuries discovered more than seven years after the incident that caused them. These time limits are extremely strict and can prevent even a valid case from reaching the court. Therefore, you must move quickly if you believe you have been the victim of medical malpractice. Lastly, it is important to note that Massachusetts places caps on the amount of compensation, known as damages, that you may receive. Although there are no caps on compensatory damages, such as the cost of treatment and lost wages, there is a $500,000 cap on noneconomic damages, such as pain and suffering or mental anguish.

Many of these restrictions may appear to be arbitrary and unnecessarily specific, and often times they are. There is no discernable reason why a claim is any more valid at two years and twelve months than it would be at three years and one month. Despite this very frustrating fact, if you want a judge to even consider your malpractice case, you must follow these strict requirements.

These specifications about Massachusetts medical malpractice law are essential for anyone wishing to pursue a lawsuit. This process is particularly complex and often takes place over a long period of time. Deviating from these laws and requirements, failing to complete necessary paperwork, or any other number of minor errors can seriously affect your ability to receive compensation. However, an experienced Boston medical malpractice lawyer can help ensure that you do not make any of these mistakes that could be devastating to your efforts.

Concussion and Chronic Traumatic Encephalopathy (CTE): Most Damaging Football Injuries

Concussion and Chronic Traumatic Encephalopathy (CTE): Most Damaging Football Injuries

During the 1993 NFC Championship Game, Cowboys quarterback Troy Aikman suffered a serious (knee) blow to the head which landed him in a hospital that same evening. The year after, another National Football League player, Chicago Bears fullback Merrill Hodge, announced his retirement from football following a blow to the head that, according to reports, caused him to recognize his close family members, including his wife.

In 2013, around 4,500 former NFL players listed as plaintiffs in lawsuits against the NFL for concussion-related injuries. When asked to comment about this lawsuit filed by NFL players against the League, Super Bowl winning quarterback and TV personality Jim McMahon said that he knew his shoulders, knees, and back, his whole body actually, would be beat up, however, nobody ever mentioned to him, or to any player, about injuries to the head. Even football legend, Mike Ditka, whose whole life was football, said that, had he a son, he wouldn’t encourage him to play football because the risk is simply much worse than the reward.

With very strong and heavy players running into each other at full speed, NFL players are most likely to sustain injuries. Injuries sustained, which range from minor, but bothersome, to severe and debilitating, include:

Anterior Cruciate Ligament (ACL), Medial Collateral Ligament (MCL), and Torn meniscus, all of which are knee injuries;

  • Ankle sprains and strains
  • Muscle contusions;
  • Torn hamstrings;
  • Shoulder tendinitis; and,
  • Shoulder separation or dislocation.

Musculoskeletal injuries (or MSDs, which include injuries to the muscles, tendons, ligaments, nerves, discs, and blood vessels) are the types of injuries most commonly sustained by professional and college football players. More serious than these, however, are injuries that affect the brain, namely Concussion and Chronic Traumatic Encephalopathy (CTE).

Concussion is a change in a player’s mental state due to a violent shock as from a heavy blow to the head. Its most common effect is temporary unconsciousness, though in others, it rather causes headache, dizziness, drowsiness, difficulty concentrating, loss of balance, nausea, numbness/tingling, and blurry vision.

Chronic Traumatic Encephalopathy (CTE), on the other hand, is a progressive brain disease that is caused by repetitive brain trauma. This brain illness usually leads to memory loss, dementia and depression. Since CTE diagnosis requires evidence of degeneration of brain tissue and deposits of tau and other proteins in the brain, it can only be determined upon inspection (of the brain) after death (autopsy).

According to the Mokaram Law Firm, responsible parties often take negligent action in order to further the entertainment value of football games. Players frequently feel forced to perform despite incurring severe head injuries in order to retain their professional careers and fans. This is incredibly dangerous for players, as repeated concussions have serious long-term effects on a person’s wellbeing.

In 2014, the NFL settled a lawsuit filed by former NFL players, who attributed their neurological problems to their time in the league. Those filing NFL concussion lawsuits, may be able to avail of the settlement fund the NFL has approved and reserved for injured players. However, applying for compensation may lead to better results if done through and with the help of a seasoned lawyer, who may be able to help an injured player receive the maximum compensation possible, which is $5 million.

Medical Malpractice Resulting in Cerebral Palsy

Almost three out of every 1000 infants born in US are identified as having cerebral palsy. Cerebral palsy is a phrase given to some enormous number of illnesses that primarily affect motor skills. Less generally, brain function is affected by cerebral palsy. But in the occasions where knowledge is affected, the patient encounters a more severe rehabilitation -life that’s substantial.

The various types are spastic, dyskinetic, ataxic hypnotic, and combined. Of the different kinds of cerebral palsy, cerebral palsy that is spastic is the most frequent, occuring in almost seventy percent of cases. Commonly, the most typical indication of spastic cerebral palsy is muscle firmness. Neural receptors in the back of the brain aren’t able to obtain signaling which subsequently leads to muscle tightness or spasm.

It is broadly considered to be a genetic illness while causes and exact variants for cerebral palsy is not an easy task to get for medical practitioners to understand. Premature newborns are more likely to develop cerebral palsy, as they’re often more vulnerable to breathing complications. Hypoxia of the mind, asphyxia, can be linked closely to the development of cerebral palsy.

As said on the website of United Cerebral Palsy, premature of the kid’s arrival, the development of cerebral palsy can sometimes be discovered. In the cases where early prevention could happen, the development of cerebral palsy can frequently be associated with medical malpractice. Medical negligence blunders which are frequent are identification, the late analysis, errors that are operative, and mistakes. Medical negligence might have suffering consequences like defects that are congenital or and conditions including cerebral palsy. In case the physicians have been in charge of birthing problems, households are entitled to financial rewards.

The Relation Between Monsanto PCBs and Cancer

ANNISTON, ALABAMA – it was in 1979 that Congress issued a ban on the use and manufacturing of products that contain the hazardous chemical substance known as polychlorinated biphenyls (PCBs). The Monsanto Company has been cited to having been the lead manufacturer of the substance as there has been the presence of the chemical in various products of theirs that range from electronic equipment, to food packaging, to paint under the name of “Aroclor”, which was trademarked to the company.

Toxic Monsanto PCBs have been cited by sufferers of certain ailments, including some rare cancers, as the primary cause for their diseases. Three plaintiffs filed legal action against the company in 2009, claiming a link between non-Hodgkin’s lymphoma.

There is some precedent for the claim as a study by the U.S. Environmental Protection Agency has proved the significant effects of exposure to PCBs with the immune system through the study of the effects of the same substance on the Rhesus monkey, a species that is 93% compatible with people – making them the prime test subject for the effects of certain substances on humans. The monkey’s thymus gland was quite significantly shrunk and the thymus gland is highly linked with the immune system. It has, through a series of studies, been assessed that PCBs are “probable human carcinogens”.

Early in 2015, Ben Unglesbee of the St. Louis Business Journal reported that San Diego has filed for legal action against the company for the chemical pollution that the San Diego Bay has sustained. In the report, it has been discovered that the Monsanto Company has been dealing with the production of PCBs for 40 years. Though the company allegedly stopped production of the substance two years before the government imposed ban in the late 1970s, there have been reported files that rooted from an internal memo within the company that states that the company has been aware of the detrimental nature of their products since the 1960s and yet continued with production anyway.

Foods to Eat After an Accident

Automobile accidents are difficult to recover from. The website of Ronald J. Resmini LTD. says that even minor accidents cause significant psychological and physical damage. Although there is no overnight cure, an article in the Victoria Advocate says that certain foods can help with recovery after an accident.

Soups and pureed vegetables contain a lot of nutrients necessary to build strength back up. Also, they are easy to prepare, which makes cooking less of a burden on yourself or the person that is taking care of you.

Despite the fact that they are opposite in terms of taste, miso soup and yogurt serve similar functions. Both contain friendly intestinal flora, which replenishes your system. Yogurt requires no preparation and is readily available, so there is no excuse not to get some intestinal flora inside of you.

Accidents are like the common cold in the sense that they both make you bed ridden, and orange juice can be used to help you get over them. Orange juice contains vitamin C, which promotes wound healing. A Champaign workers’ compensation attorney may be well aware of the debilitating nature of a workplace accident and would likely encourage a victim to get healthy after the accident. This can come from both rest and diet.

If you are a fan of fruit, blueberries and rose hips are a great food to check out. They also require no preparation and contain bioflavonoid, which strengthens capillaries.

Applesauce is also a great food to have, if you can get past the fact that the unsweetened kind produces the effective results. It is high in pectin, which normalizes bowel movements.

If you were not taking supplements before, definitely start taking them after an accident. Vitamin A and zinc repair tissue, and Bromelain reduces post trauma swelling, inflammation, and pain.

Treat your body especially well after an accident. Aside from just dietary choices, make sure you are getting adequate amounts of sleep and follow directions from your doctor and physical therapist as carefully as possible.

Above Ground Pool Accidents: The Pool Owner’s Responsibility

After having their own family car, having a swimming pool right in their own backyard is the next best thing for many American families. Besides ensuring great time for kids, pools make family bonding more fun and worthwhile. Thus, despite the failure to have their own custom pool constructed, many families still try to get the next best thing: an above-ground pool.

An above-ground swimming pool is usually designed as an inflatable structure, which is able to keep its shape when filled with water, or a vinyl liner attached to metal frames. This is the easiest (and the cheapest) kind of pool to build that even the person who bought it can assemble it by himself/herself. It can also be disassembled, making it easy to be moved to another location and, like any custom pool, it’s very tempting to dip into, especially during the hot summer months. But just as a custom pool can be a cause of accidents, so too can an above-ground swimming pool.

The advantage of being able to set up an above-ground pool without needing the help of a professional can also backfire and turn to be a disadvantage itself. Improper installation is the usual consequence of a do-it-yourself installation, which happens to be one of the most common causes of above-ground pool accidents. Some of the other causes of accidents include overcrowding, raucous behavior inside the pool, failure to anchor the pool properly, placing the pool on uneven ground, and holes or tears that can make the pool collapse.

Many think that the worst effect a collapsing pool could only be possible minor bruises. On the contrary, many have resulted to back injuries, lacerations, head injuries and fractures to the skull, based on cases reported. It is also a fact that the larger the pool is, the more serious the injury may be sustained if it collapses and the ones most prone to serious injuries are kids, of course.

Adding to the frustration of a collapsed pool is the possible worry of legal consequences if the person injured is a friend’s or a neighbor’s kid. An injured victim (or his/her family on his/her behalf) has the option to pursue legal action for the compensation that will cover medical expenses among others. While a pool may be a source of real fun, its owner is primarily responsible and liable for whatever happens in it or because of it.

Dog Bites in Wisconsin

A dog being trained as a service dog recently attacked and killed the 7-year-old son of its owner for reasons that have not yet been determined. The mother believed that the child was safe around the dog, which had been in the family for 3 months. The dog was a Rottweiler about 4 years old and was euthanized at the family’s request.

Dog bite laws in Wisconsin are uncompromising; if a dog causes injury to a person or domestic animal, or causes damage to property, the dog owner is liable for it under Wis. Stat. Ann. § 174.02 under all circumstances. In the case above, the mother would not face civil litigation but may have faced criminal charges if she had been in any way to blame for the attack. The latest update on the case indicated that the mother was not at fault in the boy’s death.

If the dog had bitten someone else or injured another pet or domesticated animal, however, the dog owner would be liable for the attendant costs, including but not limited to medical expenses, loss of income, loss of value (for death of another animal), or repair costs (for damaged property). Being a dog owner in Wisconsin can be tough, but the fact is pet ownership is a heavy responsibility, especially if the pet is large and/or inherently dangerous to others.

According to the website of Habush Habush & Rottier S.C. ® about half of all dog bite cases involve children, perhaps because they are more likely to approach a strange dog without trepidation, or they are less capable of warding off an attack. Even if the victim is partly or wholly responsible for an attack, the dog owner is still the liable party.

If you suffered serious injury or loss because of someone else’s pet dog, then you are probably entitled to compensation under Wisconsin law. Consult with a personal injury lawyer in your area for a better understanding of your legal options.